SF 889

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 03/14/2013 08:21am

A bill for an act
relating to natural resources; modifying commissioner's authority; modifying
snowmobile registration; extending Matthew Lourey Trail; modifying certain
fees; creating certain state park permit exemptions; providing for duplicate
cross-country ski pass; providing for wildlife rehabilitation permit exemption;
modifying existing rulemaking; requiring rulemaking; amending Minnesota
Statutes 2012, sections 84.027, by adding a subdivision; 84.82, subdivision 3, by
adding a subdivision; 84.8205, subdivision 1; 85.015, subdivision 13; 85.053,
subdivision 8; 85.054, by adding a subdivision; 85.055, subdivision 1; 85.42;
97A.401, subdivision 3; 116G.15, subdivision 7; Laws 2007, chapter 57, article
1, section 4, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 84.027, is amended by adding a
subdivision to read:

new text begin Subd. 19. new text end

new text begin Federal law compliance. new text end

new text begin Notwithstanding any law to the contrary,
the commissioner may establish, by written order, policies for the use and operation of
other power-driven mobility devices, as defined under Code of Federal Regulations, title
28, section 35.104, on lands and in facilities administered by the commissioner for the
purposes of implementing the Americans with Disabilities Act, United States Code, title
42, section 12101 et seq. These policies are exempt from the rulemaking provisions of
chapter 14 and section 14.386 does not apply.
new text end

Sec. 2.

Minnesota Statutes 2012, section 84.82, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin Nontrail use registration. new text end

new text begin A snowmobile may be registered for nontrail
use. A snowmobile registered under this subdivision may not be operated on a state or
grant-in-aid snowmobile trail. The fee for a nontrail use registration is $45 for three years.
A nontrail use registration is not transferable. In addition to other penalties prescribed by
law, the penalty for violation of this subdivision is immediate revocation of the nontrail
use registration.
new text end

Sec. 3.

Minnesota Statutes 2012, section 84.82, subdivision 3, is amended to read:

Subd. 3.

Fees for registration.

(a) The fee for registration of each snowmobile,
other than those used for an agricultural purpose, as defined in section 84.92, subdivision
1c, deleted text begin or deleted text end those registered by a dealer or manufacturer pursuant to paragraph (b) or (c) new text begin , or
those registered under subdivision 2a new text end shall be as follows: $75 for three years and $10
for a duplicate or transfer.

(b) The total registration fee for all snowmobiles owned by a dealer and operated for
demonstration or testing purposes shall be $50 per year.

(c) The total registration fee for all snowmobiles owned by a manufacturer and
operated for research, testing, experimentation, or demonstration purposes shall be $150
per year. Dealer and manufacturer registrations are not transferable.

(d) The onetime fee for registration of an exempt snowmobile under subdivision
6a is $6.

Sec. 4.

Minnesota Statutes 2012, section 84.8205, subdivision 1, is amended to read:

Subdivision 1.

Sticker required; fee.

(a) A snowmobile that is not registered
in the state new text begin under section 84.82, subdivision 3, paragraph (a), new text end or that is registered by a
manufacturer or dealer under section 84.82, subdivision 3, paragraph (b) or (c), may
not be operated on a state or grant-in-aid snowmobile trail unless a snowmobile state
trail sticker is affixed to the snowmobile.

(b) The commissioner of natural resources shall issue a sticker upon application
and payment of a fee. The fee is:

(1) $35 for a one-year snowmobile state trail sticker purchased by an individual; and

(2) $15 for a one-year snowmobile state trail sticker purchased by a dealer or
manufacturer.

(c) In addition to other penalties prescribed by law, an individual in violation of
this subdivision must purchase an annual state trail sticker for a fee of $70. The sticker
is valid from November 1 through June 30. Fees collected under this section, except for
the issuing fee for licensing agents, shall be deposited in the state treasury and credited
to the snowmobile trails and enforcement account in the natural resources fund and,
except for the electronic licensing system commission established by the commissioner
under section 84.027, subdivision 15, must be used for grants-in-aid, trail maintenance,
grooming, and easement acquisition.

(d) A state trail sticker is not required under this section for:

(1) a snowmobile that is owned and used by the United States, an Indian tribal
government, another state, or a political subdivision thereof that is exempt from
registration under section 84.82, subdivision 6;

(2) a collector snowmobile that is operated as provided in a special permit issued for
the collector snowmobile under section 84.82, subdivision 7a;

(3) a person operating a snowmobile only on the portion of a trail that is owned by
the person or the person's spouse, child, or parent; or

(4) a snowmobile while being used to groom a state or grant-in-aid trail.

Sec. 5.

Minnesota Statutes 2012, section 85.015, subdivision 13, is amended to read:

Subd. 13.

Arrowhead Region Trails, Cook, Lake, St. Louis, Pine, Carlton,
Koochiching, and Itasca Counties.

(a)(1) The Taconite Trail shall originate at Ely in St.
Louis County and extend southwesterly to Tower in St. Louis County, thence westerly to
McCarthy Beach State Park in St. Louis County, thence southwesterly to Grand Rapids in
Itasca County and there terminate;

(2) The C. J. Ramstad/Northshore Trail shall originate in Duluth in St. Louis County
and extend northeasterly to Two Harbors in Lake County, thence northeasterly to Grand
Marais in Cook County, thence northeasterly to the international boundary in the vicinity
of the north shore of Lake Superior, and there terminate;

(3) The Grand Marais to International Falls Trail shall originate in Grand Marais
in Cook County and extend northwesterly, outside of the Boundary Waters Canoe Area,
to Ely in St. Louis County, thence southwesterly along the route of the Taconite Trail to
Tower in St. Louis County, thence northwesterly through the Pelican Lake area in St.
Louis County to International Falls in Koochiching County, and there terminate;

(4) The Matthew Lourey Trail shall originate in Duluth in St. Louis County and
extend southerly to deleted text begin St. Croix deleted text end new text begin Chengwatana new text end State Forest in Pine County.

(b) The trails shall be developed primarily for riding and hiking.

(c) In addition to the authority granted in subdivision 1, lands and interests in lands
for the Arrowhead Region trails may be acquired by eminent domain. Before acquiring
any land or interest in land by eminent domain the commissioner of administration shall
obtain the approval of the governor. The governor shall consult with the Legislative
Advisory Commission before granting approval. Recommendations of the Legislative
Advisory Commission shall be advisory only. Failure or refusal of the commission to
make a recommendation shall be deemed a negative recommendation.

Sec. 6.

Minnesota Statutes 2012, section 85.053, subdivision 8, is amended to read:

Subd. 8.

Military personnel deleted text begin on leave deleted text end ; exemption.

(a) A one-day permit, under
subdivision 4, shall be issued without a fee for a motor vehicle being used by a person
who is serving in active military service in any branch or unit of the United States armed
forces and who is stationed outside Minnesota, during the period of active service and for
90 days immediately thereafter, if the person presents the person's current military orders
to the park attendant on duty or other designee of the commissioner.

(b) For purposes of this section, "active service" has the meaning given under section
190.05, subdivision 5c, when performed outside Minnesota.

new text begin (c) A permit is not required for a motor vehicle being used by military personnel or
their dependents that have in their possession the Annual Pass for US Military and Their
Dependents issued by the federal government for access to federal recreation sites.
new text end

Sec. 7.

Minnesota Statutes 2012, section 85.054, is amended by adding a subdivision
to read:

new text begin Subd. 18. new text end

new text begin La Salle Lake State Recreation Area. new text end

new text begin A state park permit is not
required and a fee may not be charged for motor vehicle entry, use, or parking in La Salle
Lake State Recreation Area unless the occupants of the vehicle enter, use, or park in a
developed campground or day-use area.
new text end

Sec. 8.

Minnesota Statutes 2012, section 85.055, subdivision 1, is amended to read:

Subdivision 1.

Fees.

The fee for state park permits for:

(1) an annual use of state parks is $25;

(2) a second or subsequent vehicle state park permit is $18;

(3) a state park permit valid for one day is $5;

(4) a daily vehicle state park permit for groups is $3;

(5) an annual permit for motorcycles is $20;

(6) an employee's state park permit is without charge; and

(7) a state park permit for deleted text begin disabled deleted text end persons new text begin with disabilities new text end under section 85.053,
subdivision 7, clauses (1) deleted text begin and (2) deleted text end new text begin to (3) new text end , is $12.

The fees specified in this subdivision include any sales tax required by state law.

Sec. 9.

Minnesota Statutes 2012, section 85.42, is amended to read:

85.42 USER FEE; VALIDITY.

(a) The fee for an annual cross-country ski pass is $19 for an individual age 16 and
over. The fee for a three-year pass is $54 for an individual age 16 and over. This fee
shall be collected at the time the pass is purchased. Three-year passes are valid for three
years beginning the previous July 1. Annual passes are valid for one year beginning
the previous July 1.

(b) The cost for a daily cross-country skier pass is $5 for an individual age 16 and
over. This fee shall be collected at the time the pass is purchased. The daily pass is valid
only for the date designated on the pass form.

(c) A pass must be signed by the skier across the front of the pass to be valid and
becomes nontransferable on signing.

new text begin (d) The commissioner and agents shall issue a duplicate pass to a person whose pass
is lost or destroyed, using the process established under section 97A.405, subdivision 3,
and rules adopted thereunder. The fee for a duplicate cross-country ski pass is $2.
new text end

Sec. 10.

Minnesota Statutes 2012, section 97A.401, subdivision 3, is amended to read:

Subd. 3.

Taking, possessing, and transporting wild animals for certain
purposes.

(a) Except as provided in paragraph (b), special permits may be issued without
a fee to take, possess, and transport wild animals as pets and for scientific, educational,
rehabilitative, wildlife disease prevention and control, and exhibition purposes. The
commissioner shall prescribe the conditions for taking, possessing, transporting, and
disposing of the wild animals.

(b) A special permit may not be issued to take or possess wild or native deer for
exhibition, propagation, or as pets.

new text begin (c) Notwithstanding rules adopted under this section relating to wildlife rehabilitation
permits, nonresident professional wildlife rehabilitators with a federal rehabilitation
permit may possess and transport wildlife affected by oil spills.
new text end

Sec. 11.

Minnesota Statutes 2012, section 116G.15, subdivision 7, is amended to read:

Subd. 7.

Rules.

The commissioner shall adopt rules to ensure compliance with this
section. By January 15, 2010, the commissioner shall begin the rulemaking required by
this section under chapter 14. new text begin Notwithstanding sections 14.125 and 14.128, the authority
to adopt these rules does not expire.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2009.
new text end

Sec. 12.

Laws 2007, chapter 57, article 1, section 4, subdivision 3, is amended to read:

Subd. 3. Water Resources Management

15,051,000

12,522,000

Appropriations by Fund
General	14,771,000	12,242,000
Natural Resources	280,000	280,000

$310,000 the first year and $310,000 the
second year are for grants associated with the
implementation of the Red River mediation
agreement.

$65,000 the first year and $65,000 the
second year are for a grant to the Mississippi
Headwaters Board for up to 50 percent of
the cost of implementing the comprehensive
plan for the upper Mississippi within areas
under its jurisdiction.

$5,000 the first year and $5,000 the second
year are for payment to the Leech Lake Band
of Chippewa Indians to implement its portion
of the comprehensive plan for the upper
Mississippi.

$200,000 the first year and $200,000 the
second year are for the construction of ring
dikes under Minnesota Statutes, section
103F.161. The ring dikes may be publicly
or privately owned. If the appropriation in
either year is insufficient, the appropriation
in the other year is available for it. The base
appropriation for fiscal year 2010 and later
is $125,000.

$2,250,000 the first year is to support the
identification of impaired waters and develop
plans to address those impairments, as
required by the federal Clean Water Act, in
accordance with Minnesota Statutes, chapter
114D. This is a onetime appropriation.

By January 15, 2008, the commissioner shall
commence rulemaking under Minnesota
Statutes, chapter 14, to update the minimum
shoreland standards in Minnesota Rules,
chapter 6120. new text begin Notwithstanding Minnesota
Statutes, sections 14.125 and 14.128, the
authority to adopt these rules does not expire.
new text end

$60,000 the first year is a onetime
appropriation to the commissioner of natural
resources to conduct a feasibility study
in conjunction with U.S. Army Corps of
Engineers on the foundation and hydraulics
of the Rapidan Dam in Blue Earth County.
This appropriation must be equally matched
by Blue Earth County, and is available until
expended.

$500,000 in fiscal year 2008 is for addressing
surface and groundwater issues related to
the development and expansion of ethanol
production.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2007.
new text end

Sec. 13. new text begin RULEMAKING AUTHORITY.
new text end

new text begin The commissioner of natural resources may use the good cause exemption under
Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt rules to conform
with section 10, and Minnesota Statutes, section 14.386, does not apply except as provided
under Minnesota Statutes, section 14.388.
new text end

Sec. 14. new text begin RULEMAKING; DISPLAY OF PADDLE BOARD LICENSE
NUMBERS.
new text end

new text begin (a) The commissioner of natural resources shall amend Minnesota Rules, parts
6110.0200, 6110.0300, and 6110.0400, to exempt paddle boards from the requirement to
display license certificates and license numbers, in the same manner as other nonmotorized
watercraft such as canoes and kayaks.
new text end

new text begin (b) The commissioner may use the good cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
Statutes, section 14.386, does not apply except as provided under Minnesota Statutes,
section 14.388.
new text end

Sec. 15. new text begin REPORT TO LEGISLATURE.
new text end

new text begin By January 15, 2015, the commissioner shall report to the chairs and ranking minority
members of the house of representatives and senate committees with jurisdiction over
environment and natural resources on progress on rulemaking under sections 11 and 12.
new text end